Case 2:18-cv-00134-RWS Document 1 Filed 04/06/18 Page 1 of 21 PageID #: 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

Omni MedSci, Inc.,

Plaintiff,
v.
Case No. 2:18-cv-134
Apple Inc.,

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT AND

DEMAND FOR JURY TRIAL

Plaintiff, Omni MedSci, Inc. (“Omni MedSci”), alleges as follows:

The Parties

1. Plaintiff Omni MedSci is a Michigan corporation having its principal place of

business at 1718 Newport Creek Drive, Ann Arbor, Michigan 48103. Dr. Mohammed N. Islam is

the principal of Omni MedSci. Dr. Islam is a tenured Professor of Optics and Photonics in the

Electrical and Computer Engineering Department, and a Professor of Biomedical Engineering, at

the University of Michigan’s College of Engineering. Omni MedSci is part of the Omni family of

companies, which create, develop, and commercialize Dr. Islam’s optical technology in various

fields. The Omni companies also develop and provide unique optical products to the U.S.

Department of Defense and intelligence community.

2. Defendant Apple Inc. (“Apple”) is a California corporation, having a regular and

established place of business at 1 Infinite Loop, Cupertino, California 95014. Apple may be served
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with process through its registered agent for service of process C T Corporation System

(C0168406).

Jurisdiction and Venue

3. This is a complaint for patent infringement under 35 U.S.C. §§ 101, et seq. The

Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.

4. The court has personal jurisdiction over Apple, and venue under 28 U.S.C.

§§1391(a)(1) and 1400(b) is proper in this district, because Apple has two regular and established

places of business in this district and because Apple offers for sale and sells infringing Apple

Watches in this district at those locations.

The Patents-in-Suit

5. On May 16, 2017, the U.S. Patent and Trademark Office issued U.S. Patent No.

9,651,533 (“the ‘533 patent”) (Exhibit A) to Dr. Mohammed N. Islam.

6. On September 12, 2017, the U.S. Patent and Trademark Office issued U.S. Patent

No. 9,757,040 (“the ‘040 patent”) (Exhibit B) to Dr. Mohammed N. Islam.

7. On January 9, 2018, the U.S. Patent and Trademark Office issued U.S. Patent No.

9,861,286 (“the ‘286 patent”) (Exhibit C) to Dr. Mohammed N. Islam.

8. On February 6, 2018, the U.S. Patent and Trademark Office issued U.S. Patent No.

9,885,698 (“the ‘698 patent”) (Exhibit D) to Dr. Mohammed N. Islam.

9. The ‘533 patent, the ‘040 patent, the ‘286 patent, and the ‘698 patent are,

collectively, the “Patents-in-Suit.”

10. Omni MedSci has been, and remains, the owner by assignment of the Patents-in-

Suit.

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Background Facts

11. By 2012, Omni MedSci had invented technology for using lasers in medical and

other applications, including wearable measurement devices incorporating lasers and other

components that can detect and monitor physiological parameters such as glucose, ketones, heart

rate, blood constituents, and dental carries.

12. On December 31, 2012, Omni MedSci filed a set of patent applications covering its

developments using lasers for medical and other applications.

13. Between June 2014 and July 2016, Dr. Islam had a series of meetings and email

exchanges with Apple personnel regarding the technology underlying his then-pending patent

applications, including the now-issued Patents-in-Suit. In those exchanges, Apple was offered the

opportunity to license or acquire Omni MedSci’s patented and patent-pending technology, but

Apple declined.

14. On June 11-12, 2014, Dr. Islam met with Apple employees Drs. Michael O’Reilly

and Michael Hillman in Cupertino, California to discuss Omni MedSci’s then patent-pending

technology.

15. Dr. Hillman then arranged for a meeting with Dr. Islam and approximately ten

Apple employees in Cupertino, California to discuss technical details of Omni MedSci’s then

patent-pending technology. The meeting took place at Apple on February 5, 2015.

16. On July 14, 2016, Apple employee Greg Joswiak emailed Dr. Islam inviting him to

provide additional information about his technology. Mr. Joswiak indicated that he would share

the information with his team at Apple.

17. Four days later, Apple employees Drs. Ed Hull and Shonn Hendee arranged a

meeting with Dr. Islam and approximately ten Apple employees in Cupertino, California to discuss

technical details of Omni MedSci’s then patent-pending technology. The meeting took place at

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Apple on July 18, 2016. At the meeting, Dr. Islam shared the published patent application for the

‘533 patent and the published parent patent applications for the ‘698, ‘040 and ‘286 patents.

18. Dr. Islam continued to correspond with Apple employees regarding the status of

his pending patent applications and technological development. On December 21, 2017, Dr. Islam

emailed Drs. O’Reilly, Hull, and Hendee identifying the issued ‘533 and ‘040 patents, and

enclosing copies of the allowed claims for the ‘268 and ‘698 patents. In response, Dr. O’Reilly

emailed Dr. Islam stating, “We [Apple] don’t wish to receive any information about any of your

IP [Intellectual Property].”

19. As of December 21, 2017, Apple knew the claim scope of all four of the Patents-

in-Suit.

Apple’s Infringing Apple Watch Products

20. On information and belief,1 Apple has made and sold several models of its Apple

Watch product, including, for example, “Series 1,” “Series 2,” “Series 3 GPS,” and “Series 3 GPS

+ Cellular” watches. Omni MedSci asserts infringement by all models, including the models sold

to date and models sold in the future, which are covered by the claims of the Patents-in-Suit

(collectively, “Watches”). Exemplary Watches advertised on Apple’s web site

(https://www.apple.com/watch/compare/, captured on March 8, 2018) as shown below:

1
For allegations based on information and belief, Omni MedSci believes that the
allegations will have evidentiary support after a reasonable opportunity for investigation and
discovery.

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21. The Watches are wearable devices that measure a physiological parameter, namely,

heart rate.

22. The Watches measure heart rate non-invasively using semiconductor light emitting

diodes (“LEDs”).

23. The light emitted from the LEDs in the Watches includes near-infrared

wavelengths.

24. The Watches can modulate the light emitted from the LEDs.

25. The Watches can use a lock-in technique, such as synchronous demodulation,

which is used to detect the modulation frequency.

26. The Watches can improve the signal-to-noise ratio of the LED light reflected from

the skin by increasing the intensity of the light emitted from the LEDs.

27. The Watches can also improve the signal-to-noise ratio of the LED light reflected

from the skin by increasing the pulse rate of the LEDs.

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28. The Watches have lenses that deliver the light from the LEDs to a Watch wearer’s

skin.

29. The Watches have detectors that receive LED light reflected from the skin.

30. The Watches have one or more analog to digital converters that process the

reflected light received by the detectors.

31. A receiver in the Watches can be synchronized to the LED light sources.

32. The Watches can capture light while the LEDs are off to improve the signal-to-

noise ratio of the light captured from the LED light reflected from the skin by differencing between

the light captured while the LEDs are off and the light captured from the LED light reflected from

the skin.

33. The Watches can communicate with an Apple smart phone or tablet.

Count 1 – Infringement of the ‘533 Patent

34. Omni MedSci reasserts and incorporates the allegations contained in the paragraphs

above.

35. Apple has directly infringed and is directly infringing the ‘533 patent by making

using, offering for sale, and selling the Watches, and importing the Watches into the United States.

36. Based on publicly available information, the Watches infringe at least claims 5, 7-

10, 13, 16, and 17 of the ‘533 patent. Omni MedSci reserves the right to assert additional claims

of the ‘533 patent after a reasonable opportunity for investigation and discovery.

37. Apple’s infringement is described further below with respect to exemplary claim 5.

The analysis below is based on publicly available information.

38. Claim 5 recites: “A measurement system comprising: a light source comprising a

plurality of semiconductor sources that are light emitting diodes.” Apple sells a system, which

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includes Watch that can measure heart rate. Apple sells a system, which includes Watches that

use multiple light emitting diodes that are semiconductor light sources. See, e.g., Apple’s website

at http://support.apple.com/en-us/HT204666.

39. Claim 5 further recites: “the light emitting diodes configured to generate an output

optical beam with one or more optical wavelengths, wherein at least a portion of the one or more

optical wavelengths is a near-infrared wavelength between 700 nanometers and 2500 nanometers.”

Apple sells a system, which includes Watches with infrared LEDs, which emit wavelengths

between 700 nanometers and 2500 nanometers. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2017/0281024.

40. Claim 5 further recites: “the light source configured to increase signal-to-noise ratio

by increasing a light intensity from at least one of the plurality of semiconductor sources and by

increasing a pulse rate of at least one of the plurality of semiconductor sources.” Apple sells a

system, which includes Watches that include a heart rate sensor designed to compensate for low

signal levels by increasing both LED brightness and sampling rate. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666.

41. Claim 5 further recites: “an apparatus comprising a plurality of lenses configured

to receive a portion of the output optical beam and to deliver an analysis output beam to a sample.”

Apple sells a system, which includes Watches with a plurality of lenses capable of delivering an

analysis output beam.

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42. Claim 5 further recites: “a receiver configured to receive and process at least a

portion of the analysis output beam reflected or transmitted from the sample and to generate an

output signal.” Apple sells a system, which includes Watches with photodiode sensors that receive

at least a portion of the analysis output beam reflected off the skin, and generates an output signal,

including heart rate information. See, e.g., Apple website at http://support.apple.com/en-

us/HT204666; U.S. Patent Publication No. 2016/0058367.

43. Claim 5 further recites: “wherein the receiver is configured to be synchronized to

the light source.” Apple sells a system, which include Watches with a receiver that can be

synchronized with the watch’s LEDs. See, e.g., U.S. Patent Publication No. 2016/0058367.

44. Claim 5 further recites: “a personal device comprising a wireless receiver, a

wireless transmitter, a display, a microphone, a speaker, one or more buttons or knobs, a

microprocessor and a touch screen, the personal device configured to receive and process at least

a portion of the output signal, wherein the personal device is configured to store and display the

processed output signal.” Apple sells a system, which includes personal devices (e.g., iPhone) that

have a wireless receiver, a wireless transmitter, a display, a microphone, a speaker, one or more

buttons or knobs, a microprocessor and a touch screen. The personal devices can receive and

process data (e.g., heart rate information) from the Apple watch and store and display the processed

data. See, e.g., Apple website at http://support.apple.com/en-us/HT204666.

45. Claim 5 further recites: “wherein at least a portion of the processed output signal is

configured to be transmitted over a wireless transmission link.” Apple sells a system, with a

personal device (e.g., iPhone), which can transmit the data it receives (e.g., heart rate information)

and processes from Watches over a wireless transmission link to Apple’s iCloud. See, e.g., Apple

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website at http://support.apple.com/en-us/HT204666; https://www.imore.com/how-sync-your-

health-data-ios-11-and-how-it-works.

46. Claim 5 further recites: “a remote device configured to receive over the wireless

transmission link an output status comprising the at least a portion of the processed output signal,

to process the received output status to generate processed data and to store the processed data.”

Apple sells a system, which includes the Apple iCloud that can receive over a wireless transmission

link an output status comprising at least a portion of the processed data transmitted from Apple

personal devices (e.g., iPhones). The Apple iCloud can then process the transmitted output status

to generate and store data such as heart rate information. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666; https://www.imore.com/how-sync-your-health-data-

ios-11-and-how-it-works.

Count 2 – Infringement of the ‘040 Patent

47. Omni MedSci reasserts and incorporates the allegations contained in the paragraphs

above.

48. Apple has directly infringed and is directly infringing the ‘040 patent by making

using, offering for sale, and selling the Watches, and importing the Watches into the United States.

49. Based on publicly available information, the Watches infringe at least claims 1, 2

and 4 of the ‘040 patent. Omni MedSci reserves the right to assert additional claims of the ‘040

patent after a reasonable opportunity for investigation and discovery.

50. Apple’s infringement is described further below with respect to exemplary claim 1.

The analysis below is based on publicly available information.

51. Claim 1 recites: “A wearable device for use with a smart phone or tablet, the

wearable device comprising: a measurement device including a light source comprising a plurality

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of light emitting diodes (LEDs) for measuring one or more physiological parameters.” Apple sells

Watches, which are wearable devices, that use multiple light emitting diodes (semiconductor light

sources). See, e.g., Apple’s website at http://support.apple.com/en-us/HT204666.

52. Claim 1 further recites: “the measurement device configured to generate, by

modulating at least one of the LEDs having an initial light intensity.” The Watches modulate at

least one of the LEDs by fluctuating the LEDs’ brightness (intensity). See, e.g., Apple’s website

at http://support.apple.com/en-us/HT204666.

53. Claim 1 further recites: “an input optical beam having one or more optical

wavelengths, wherein at least a portion of the one or more optical wavelengths is a near-infrared

wavelength between 700 nanometers and 2500 nanometers.” The Watches include infrared LEDs,

which emit wavelengths between 700 nanometers and 2500 nanometers. See, e.g., Apple website

at http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2017/0281024.

54. Claim 1 further recites: “the measurement device comprising one or more lenses

configured to receive and to deliver a portion of the input optical beam to tissue.” The Watches

include one or more lenses capable of receiving and delivering a portion of an optical beam to

skin.

55. Claim 1 further recites: “wherein the tissue reflects at least a portion of the input

optical beam delivered to the tissue.” When the Watches deliver the optical beam to the skin, the

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skin reflects at least a portion of that optical beam. See, e.g., U.S. Patent Publication Nos.

2016/0058309 and 2016/0058367.

56. Claim 1 further recites: “the measurement device further comprising a reflective

surface configured to receive and redirect at least a portion of light reflected from the tissue.” The

Watches include mirrors around the LEDs and sensors, which receive and redirect at least a portion

of light reflected from the skin. See, e.g., U.S. Patent Publication Nos. 2016/0058309 and

2016/0058312.

57. Claim 1 further recites: “the measurement device further comprising a receiver

configured to: capture light while the LEDs are off and convert the captured light into a first signal

and capture light while at least one of the LEDs is on and convert the captured light into a second

signal, the captured light including at least a portion of the input optical beam reflected from the

tissue.” On information and belief, the Watches include sensors, which capture light while the

LEDs are off and convert the captured light into a first signal and capture light while at least one

of the LEDs is on and convert the captured light into a second signal, the captured light including

at least a portion of the input optical beam reflected from the skin. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2016/0058367.

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58. Claim 1 further recites: “the measurement device configured to improve a signal-

to-noise ratio of the input optical beam reflected from the tissue by differencing the first signal and

the second signal.” On information and belief, the Watches reduce the signal-to-noise ratio optical

beam received from the skin by differencing a first signal and second signal. See, e.g., U.S. Patent

Publication No. 2016/0058367.

59. Claim 1 further recites: “the light source configured to further improve the signal-

to-noise ratio of the input optical beam reflected from the tissue by increasing the light intensity

relative to the initial light intensity from at least one of the LEDs.” The Watches improve the

signal-to-noise ratio of the optical beam reflected from the skin by increasing the brightness

(intensity) of the Watches’ LEDs. See, e.g., Apple website at http://support.apple.com/en-

us/HT204666.

60. Claim 1 further recites: “the measurement device further configured to generate an

output signal representing at least in part a non-invasive measurement on blood contained within

the tissue.” The Watches can generate an output signal, which represents the user’s heart rate. See,

e.g., Apple website at http://support.apple.com/en-us/HT204666; U.S. Patent Publication No.

2016/0058367.

61. Claim 1 further recites: “the wearable device configured to communicate with the

smart phone or tablet.” The Watches can communicate wirelessly with other Apple devices such

as the iPhone or iPad. See, e.g., Apple website at http://support.apple.com/en-us/HT204666.

62. Claim 1 further recites: “the smart phone or tablet comprising a wireless receiver,

a wireless transmitter, a display, a voice input module, a speaker, and a touch screen, the smart

phone or tablet configured to receive and to process at least a portion of the output signal, wherein

the smart phone or tablet is configured to store and display the processed output signal, wherein at

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least a portion of the processed output signal is configured to be transmitted over a wireless

transmission link.” The iPhone, which the Watches can communicate with, includes a wireless

transmitter, a display, a voice input module, a speaker, and a touch screen. The iPhone can receive

and process data (e.g., heart rate information) from the Watches and store and display the processed

data. And at least a portion of the processed data from the Watches can be transmitted to the Apple

iCloud over a wireless transmission link. See, e.g., Apple website at http://support.apple.com/en-

us/HT204666; https://www.imore.com/how-sync-your-health-data-ios-11-and-how-it-works.

Count 3 – Infringement of the ‘286 Patent

63. Omni MedSci reasserts and incorporates the allegations contained in the paragraphs

above.

64. Apple has directly infringed and is directly infringing the ‘286 patent by making

using, offering for sale, and selling the Watches, and importing the Watches into the United States.

65. Based on publicly available information, the Watches infringe at least claims 16-

17, 19 and 20 of the ‘286 patent. Omni MedSci reserves the right to assert additional claims of

the ‘286 patent after a reasonable opportunity for investigation and discovery.

66. Apple’s infringement is described further below with respect to exemplary claim

16. The analysis below is based on publicly available information.

67. Claim 16 recites: “A wearable device for use with a smart phone or tablet, the

wearable device comprising: a measurement device including a light source comprising a plurality

of light emitting diodes (LEDs) for measuring one or more physiological parameters.” Apple sells

Watches, which are wearable devices that use multiple light emitting diodes. See, e.g., Apple’s

website at http://support.apple.com/en-us/HT204666.

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68. Claim 16 further recites: “the measurement device configured to generate, by

modulating at least one of the LEDs having an initial light intensity.” The Watches modulate at

least one of the LEDs, which fluctuate in brightness (intensity). See, e.g., Apple’s website at

http://support.apple.com/en-us/HT204666.

69. Claim 16 further recites: “an optical beam having a plurality of optical wavelengths,

wherein at least a portion of the plurality of optical wavelengths is a near-infrared wavelength

between 700 nanometers and 2500 nanometers.” The Watches include infrared LEDs, which emit

wavelengths between 700 nanometers and 2500 nanometers. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2017/0281024.

70. Claim 16 further recites: “the measurement device comprising one or more lenses

configured to receive and to deliver a portion of the optical beam to tissue.” The Watches include

one or more lenses capable of receiving and delivering a portion of an optical beam to skin.

71. Claim 16 further recites: “wherein the tissue reflects at least a portion of the optical

beam delivered to the tissue.” When the Watches deliver the optical beam to the skin, the skin

reflects at least a portion of that optical beam. See, e.g., U.S. Patent Publication Nos. 2016/0058309

and 2016/0058367.

72. Claim 16 further recites: “wherein the measurement device is adapted to be placed

on a wrist or an ear of a user.” The Watches are adapted to be placed on the user’s wrist.

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73. Claim 16 further recites: “the measurement device further comprising a receiver

configured to: capture light while the LEDs are off and convert the captured light into a first signal

and capture light while at least one of the LEDs is on and convert the captured light into a second

signal, the captured light including at least a portion of the optical beam reflected from the tissue.”

On information and belief, the Watches includes sensors, which capture light while the LEDs are

off and convert the captured light into a first signal and capture light while at least one of the LEDs

is on and convert the captured light into a second signal, the captured light including at least a

portion of the input optical beam reflected from the skin. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2016/0058367.

74. Claim 16 further recites: “the measurement device configured to improve a signal-

to-noise ratio of the optical beam reflected from the tissue by differencing the first signal and the

second signal.” On information and belief, the Watches reduce the signal-to-noise ratio of the

optical beam received from the skin by differencing the first signal and the second signal. See, e.g.,

U.S. Patent Publication No. 2016/0058367.

75. Claim 16 further recites: “the light source configured to further improve the signal-

to-noise ratio of the optical beam reflected from the tissue by increasing the light intensity relative

to the initial light intensity from at least one of the LEDs.” The Watches improve the signal-to-

noise ratio of the optical beam reflected from the skin by increasing the brightness (intensity) of

the Watches’ LEDs. See, e.g., Apple website at http://support.apple.com/en-us/HT204666.

76. Claim 16 further recites: “the measurement device further configured to generate

an output signal representing at least in part a non-invasive measurement on blood contained

within the tissue.” The Watches can generate an output signal, which represents the user’s heart

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rate. See, e.g., Apple website at http://support.apple.com/en-us/HT204666; U.S. Patent Publication

No. 2016/0058367.

77. Claim 16 further recites: “wherein the receiver includes a plurality of spatially

separated detectors.” The Watches include a plurality (two) of photodiode sensors, which are

spatially separated. See, e.g., Apple website at http://support.apple.com/en-us/HT204666.

78. Claim 16 further recites: “wherein at least one analog to digital converter is coupled

to the spatially separated detectors.” On information and belief, the Watches include at least one

analog to digital converter, which is coupled to the spatially separated photodiode sensors. See,

e.g., U.S. Patent Publication No. 2019/0038045.

Count 4 – Infringement of the ‘698 Patent

79. Omni MedSci reasserts and incorporates the allegations contained in the paragraphs

above.

80. Apple has directly infringed and is directly infringing the ‘698 patent by making

using, offering for sale, and selling the Watches, and importing the Watches into the United States.

81. Based on publicly available information, the Watches infringe at least claims 1, 2-

3 and 5 of the ‘698 patent. Omni MedSci reserves the right to assert additional claims of the ‘698

patent after a reasonable opportunity for investigation and discovery.

82. Apple’s infringement is described further below with respect to exemplary claim 1.

The analysis below is based on publicly available information.

83. Claim 1 recites: “A wearable device, comprising: a measurement device including

a light source comprising a plurality of light emitting diodes (LEDs) for measuring one or more

physiological parameters.” Apple sells Watches, which are wearable devices that use multiple light

emitting diodes. See, e.g., Apple’s website at http://support.apple.com/en-us/HT204666.

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84. Claim 1 further recites: “the measurement device configured to generate, by

modulating at least one of the LEDs having an initial light intensity.” The Watches modulate at

least one of the LEDs by fluctuating the LEDs’ brightness (intensity). See, e.g., Apple’s website

at http://support.apple.com/en-us/HT204666.

85. Claim 1 further recites: “an input optical beam having one or more optical

wavelengths, wherein at least a portion of the one or more optical wavelengths is a near-infrared

wavelength between 700 nanometers and 2500 nanometers.” The Watches include infrared LEDs,

which emit wavelengths between 700 nanometers and 2500 nanometers. See, e.g., Apple website

at http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2017/0281024.

86. Claim 1 further recites: “the measurement device comprising one or more lenses

configured to receive and to deliver a portion of the input optical beam to tissue.” The Watches

include one or more lenses capable of receiving and delivering a portion of an optical beam to

skin.

87. Claim 1 further recites: “wherein the tissue reflects at least a portion of the input

optical beam delivered to the tissue.” When the Watches deliver the optical beam to the skin, the

skin reflects at least a portion of that optical beam. See, e.g., U.S. Patent Publication Nos.

2016/0058309 and 2016/0058367.

88. Claim 1 further recites: “the measurement device further comprising a receiver,

wherein the receiver includes a plurality of spatially separated detectors.” The Watches include

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two photodiode sensors (receivers) that are spatially separated. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2016/0058367.

89. Claim 1 further recites: “the detectors configured to: capture light while the LEDs

are off and convert the captured light into a first signal; and capture light while at least one of the

LEDs is on and convert the captured light into a second signal, the captured light including at least

a portion of the input optical beam reflected from the tissue.” On information and belief, the

Watches include sensors, which capture light while the LEDs are off and convert the captured light

into a first signal; and capture light while at least one of the LEDs is on and convert the captured

light into a second signal, the captured light including at least a portion of the input optical beam

reflected from the skin. See, e.g., Apple website at http://support.apple.com/en-us/HT204666; U.S.

Patent Publication No. 2016/0058367.

90. Claim 1 further recites: “wherein at least one analog to digital converter is coupled

to the spatially separated detectors and is configured to generate at least a first data signal from the

first signal and at least a second data signal from the second signal.” On information and belief,

the Watches include at least one analog to digital converter, which is coupled to the spatially

separated photodiode sensors, and is configured to generate at least a first data signal from the first

signal and at least a second data signal from the second signal. See, e.g., U.S. Patent Publication

No. 2019/0038045.

91. Claim 1 further recites: “the measurement device configured to improve a signal-

to-noise ratio of the input optical beam reflected from the tissue by differencing the first data signal

and the second data signal.” On information and belief, the Watches reduce the signal-to-noise

ratio of the optical beam received from the skin by differencing the first signal and the second

signal. See, e.g., U.S. Patent Publication No. 2016/0058367.

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92. Claim 1 further recites: “to generate an output signal representing at least in part a

non-invasive measurement on blood contained within the tissue.” The Watches can generate an

output signal, which represents the user’s heart rate. See, e.g., Apple website at

http://support.apple.com/en-us/HT204666; U.S. Patent Publication No. 2016/0058367.

93. Claim 1 further recites: “wherein the modulating at least one of the LEDs has a

modulation frequency and wherein the receiver is configured to use a lock-in technique that detects

the modulation frequency.” The Watches’ LEDs have a modulation frequency of hundreds of times

per second. Further, on information and belief, the Watches’ receiver uses a lock-in technique that

detects the modulation frequency. See, e.g., Apple website at http://support.apple.com/en-

us/HT204666; U.S. Patent Publication No. 2008/0297487.

Count 5 – Willful Infringement

94. Omni MedSci reasserts and incorporates the allegations contained in the paragraphs

above.

95. Based on the communications and meetings between Dr. Islam and Apple

personnel, Apple knew of its infringement of the Patents-in-Suit or was willfully blind to its

infringement.

96. Apple’s infringement of the Patents-in-Suit has been willful.

Demand for Relief

WHEREFORE, Omni MedSci requests entry of judgment against Apple as follows:

A. Finding Apple liable for infringement of the Patents-in-Suit and that the

infringement has been willful;

B. Awarding Omni MedSci damages under 35 U.S.C. § 271 adequate to compensate

for Apple’s infringement;

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C. Permanently enjoining Apple, together with any officers, agents, servants,

employees, and attorneys, and such other persons in active concert of participation with them, who

receive actual notice of the Order, from further infringement of the Patents-in-Suit;

D. A declaration this case is exceptional within the meaning of 35 U.S.C. § 285 and

awarding Omni MedSci its reasonable attorney fees, costs, and disbursements;

E. Awarding Omni MedSci interest in all damages awarded; and

F. Granting Omni MedSci all other relief to which it is entitled.

Demand for Jury Trial

Omni MedSci demands trial by jury for all issues so triable.

Dated: April 6, 2018

Respectfully submitted,

/s/ Thomas A. Lewry w/permission Claire Henry

Thomas A. Lewry (Michigan Bar No. P36399)
John S. LeRoy (Michigan Bar No. P61964)
Robert C. J. Tuttle (Michigan Bar No. P25222)
John M. Halan (Michigan Bar No. P37616)
Christopher C. Smith (Michigan Bar No. P73936)
Brooks Kushman P.C.
1000 Town Center, Twenty-Second Floor
Southfield, Michigan 48075
Telephone: (248) 358-4400
Facsimile: (248) 358-3351
Email: tlewry@brookskushman.com
jleroy@brookskushman.com
rtuttle@brookskushman.com
jhalan@brookskushman.com
csmith@brookskushman.com

T. John Ward, Jr.

Texas State Bar No. 00794818
E-mail: jw@wsfirm.com
Claire Abernathy Henry
Texas State Bar No. 24053063
E-mail: claire@wsfirm.com
WARD, SMITH & HILL, PLLC
PO Box 1231

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Case 2:18-cv-00134-RWS Document 1 Filed 04/06/18 Page 21 of 21 PageID #: 21

Longview, Texas 75606

(903) 757-6400 (telephone)
(903) 757-2323 (facsimile)
P.O. Box 1231
Longview, Texas 75606-1231
Telephone: (903) 757-6400
Facsimile: (903) 757-2323

Attorneys for Plaintiff

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